11 MAC Pt. 1, R. 1.1
Delegations: The Commission delegates the following powers to the Executive
Cite as 11 Miss. Admin. Code Pt. 1, R. 1.1
Delegations: The Commission delegates the following powers to the Executive
Director of MDEQ:
A.
To employ qualified professional personnel and technical and clerical staff as may be
required for the operation of the Department.
B.
To organize the administrative units of the Department and alter such organizational
structure and reassign responsibilities as he or she may deem necessary to carry out the
policies of the Commission within the limits of Miss. Code Ann. § 49-2-7. 1
C.
To delegate the authority to sign Commission Orders to the Chief of Staff, Head of the
Office of Pollution Control, the Head of the Office of Geology and Energy Resources, the
Head of the Office of Land and Water Resources and the General Counsel of MDEQ to
the extent that the Executive Director is allowed to issue Orders pursuant to Miss. Code
Ann. § 49-2-13(j).
D.
To issue Orders in accordance with Miss. Code Ann. § 17-17-227 approving or denying
in whole or in part Solid Waste Management Plans and/or amendments thereof.
E.
To issue Administrative Orders:
1 Authorities listed in this rule are not inclusive and are in addition to authorities listed in the Introduction; Title 11, Part 1, Chapter 1.
(1)
To prohibit, control or abate discharges of contaminants and wastes into the air
and waters of the State.
(2)
To require appropriate remedial measures to prevent, control or abate air and
water pollution or to cause the proper management of solid wastes.
(3)
To impose penalties which the Respondent agrees to pay.
(4)
To require compliance with permits, laws and regulations.
(5)
To issue Emergency Orders pursuant to Miss. Code Ann. § 49-17-27.
F.
To execute all orders required by the Brownfields Statute that are not specifically
required by Statute and/or Regulation to be issued by the full Commission.
G.
To issue Cease Pumping Orders and Orders Conditioning Permitted Water Withdrawal;
to issue Cease and Desist Orders to Surface Mining Operators who are mining without
the required Permit or Notice of Intent to Mine or who are otherwise operating in
violation of Mississippi law, regulations or condition(s) of any Permit or other Order; and
to issue the authorized Orders to Surface Coal Mining Operators who are operating in
violation of Mississippi law, regulations, or condition(s) of any Permit or other Order.
H.
To make preliminary determinations necessary to file suit, file suit, conduct litigation,
and settle all litigation matters on behalf of the Commission.
I.
To enter into all contracts, grants and cooperative agreements allowed by Miss. Code
Ann. § 49-2-9(e).
J.
To delegate signature authority for Agency contracts, purchase orders, travel
reimbursement authorizations, requisitions, personnel forms, and similar documents to
the Chief of Staff, Head of the Office of Administrative Services and/or to the Division
Chiefs within that Office.
K.
To grant continuances for scheduled Formal Hearings; to issue Non-dispositive rulings
regarding contested matters (such as, Scheduling Orders and decisions on Interlocutory
Motions), and to Stay pending Evidentiary Hearing on the effectiveness of a Commission
Order upon a showing of good cause by any party.
L.
To issue, re-issue, deny, or revoke Asbestos Certifications and approve Asbestos
Abatement
Training Programs.
M.
To issue, re-issue, deny, or revoke Underground Storage Tank (UST) Certifications to
individuals authorized to install, alter and /or close USTs.
N.
To issue, re-issue, deny, or revoke Landfill (Solid Waste) Operator and Class I Rubbish
Site Operator Certifications.
O.
To issue, re-issue, deny, or revoke Wastewater Operator Certifications and approve
Wastewater Training Programs.
P.
To issue, re-issue, deny, or revoke Water Well Driller Licenses.
Q.
To issue, re-issue, deny, or revoke Lead Certifications and approve Lead-Based Paint
Activities Training Programs.
R.
To issue, re-issue, deny, or revoke Waste Tire Transporter Certificates.
S.
To requisition and use funds in the Pollution Emergency Fund, Nonhazardous Solid
Waste Corrective Action Trust Fund, Waste Tire Abatement Funds and all other Funds
created by Title 17 and Title 49 and within the jurisdiction of the Commission for the
statutory purposes allowed by the Code.
T.
To discharge or exercise any power or duty granted to the Commission by the provisions
of the Surface Mining and Reclamation Law and the Surface Coal Mining and
Reclamation Law and their respective rules and regulations.
U.
To execute reciprocity agreements with other States whose Lead Based Paint Program
requirements meet or exceed the Commission’s requirements.
V.
To waive the late penalty for failure to pay UST fee upon sufficient demonstration that
failure to pay timely was unavoidable due to financial hardship or otherwise beyond the
control of the owner.
W.
To compile and publish compilations of the regulations of the Commission and Permit
Board.
X.
To approve and award Local Governments Solid Waste Assistance Grants, Competitive
Grants and Non-Competitive Grants), Local Governments Waste Tire Collection and
Clean Up Grants, Local Governments Tire Derived Product Grants, Incentive Waste Tire
Recycling and Research Grants, Local Governments Planning Grants, Right Way To
Throw Away Grants (Local Hazardous Waste Amnesty/Collection Event Grants),
Regional Recycling Cooperative Grants, Nonhazardous Solid Waste Corrective Action
Trust Fund Cooperative Agreements, and Pollution Prevention/Recycling Grants
otherwise
allowed
by
Law.
Y. To execute, approve and amend environmental covenants.
Z.
To issue administrative orders to require compliance to water well drillers who are
operating in violation of Mississippi law, regulations, or other Orders.
AA. To enter into reciprocity agreements with other states related to certifications when so
authorized by law or rules and regulations.